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BRAUGH v. PHILLIPS

No. 1189.

557 S.W.2d 155 (1977)

Roger S. BRAUGH, d/b/a Braugh Ranches, Appellant, v. B. F. PHILLIPS, Jr., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

Bruce D. Viles (on appeal only), Wood, Burney, Nesbitt & Ryan, Corpus Christi, Glusing & Sharpe, Kingsville, for appellant.

Robert Patterson, Keys, Russell, Seaman & Mansker, Corpus Christi, for appellee.

OPINION

YOUNG, Justice.

This suit was brought by B. F. Phillips, Jr., for the return of stallion service fees paid under breeding contracts, dated September 20, 1973, whereby two mares owned by Phillips were bred to a stallion owned by Roger S. Braugh, d/b/a Braugh Ranches.

Each of the breeding contracts, in paragraph 8, provided for refund of the stallion service fee if a live foal did not result from the mating. The refund was conditioned upon...

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